Bid No. Y C1 CONSTRUCTION CONTRACT DOCUMENTS FOR THE FOLLOWING PROJECT(S): WATER TREATMENT PLANT 1A 1.0 MG WATER STORAGE TANK BROWARD COUNTY

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1 CONSTRUCTION CONTRACT DOCUMENTS FOR THE FOLLOWING PROJECT(S): WATER TREATMENT PLANT 1A 1.0 MG WATER STORAGE TANK BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS of BROWARD COUNTY, FLORIDA BID/CONTRACT NO.: Y C1 Project Number 9171

2 DIRECTOR OF PURCHASING LETTER Page 2 of 99

3 Table of Contents DIRECTOR OF PURCHASING LETTER... 2 SECTION : SCOPE OF WORK... 5 SECTION : INSTRUCTIONS TO BIDDERS... 6 SECTION : INSTRUCTIONS TO BIDDERS SUPPLEMENT SECTION : OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT REQUIREMENTS SECTION : CERTIFICATION, LICENSING AND REGISTRATION REQUIREMENTS 18 SECTION : INSURANCE REQUIREMENTS (NON-OCIP) SECTION : INSURANCE REQUIREMENTS (OCIP) SECTION : PUBLIC BID DISCLOSURE ACT SECTION : WAGE REQUIREMENTS SECTION : WAGE RATE TABLES SECTION : AVAILABLE PROJECT INFORMATION (if applicable) Preliminary Schedules Project Budget Information Existing Condition Information Survey Information Environmental Assessment Information Existing Material Information Existing Hazardous Material Information Geophysical Information Geotechnical Data Permit Applications Permits FORM : BID TENDER FORM : SCHEDULE OF PRICES BID FORM : DOMESTIC PARTNERSHIP CERTIFICATION FORM FORM : UNCONDITIONAL LETTER OF CREDIT FORM : LETTER OF INTENT FORM : APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT FORM : BIDDER QUALIFICATIONS QUESTIONNAIRE FORM : LITIGATION HISTORY FORM : INSURANCE REQUIREMENTS/SAMPLE CERTIFICATE Page 3 of 99

4 FORM : DRUG FREE WORKPLACE CERTIFICATION FORM : NON-COLLUSION CERTIFICATE FORM : VENDORS LIST (NON-CERTIFIED SUBCONTRACTORS AND SUPPLIERS) FORM : LOBBYIST REGISTRATION FORM : SCRUTINIZED COMPANIES CERTIFICATION FORM : TRENCH SAFETY ACT CERTIFICATION FORM : OWNER CONTROLLED INSURANCE PROGRAM CERTIFICATION FORM : EMPLOYMENT ELIGIBILITY VERIFICATION PROGRAM CONTRACTOR CERTIFICATION FORM : LOCAL BUSINESS OR LOCALLY-HEADQUARTERED BUSINESS CERTIFICATION FORM : SELF-CERTIFICATION - OWNER ETHNICITY/GENDER (OPTIONAL).. 70 SECTIONS THROUGH : CONTRACT SECTIONS OF CONSTRUCTION CONTRACT DOCUMENTS PROJECT FORM : PERFORMANCE BOND PROJECT FORM : PAYMENT BOND PROJECT FORM : CERTIFICATE AS TO CORPORATE PRINCIPAL PROJECT FORM : FORM OF CERTIFICATE AND AFFIDAVIT FOR BONDS $500, OR LESS PROJECT FORM : UNCONDITIONAL LETTER OF CREDIT (PERFORMANCE AND PAYMENT GUARANTY) FORM PROJECT FORM : MONTHLY UTILIZATION REPORT PROJECT FORM : FINAL UTILIZATION REPORT PROJECT FORM : STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE) 86 PROJECT FORM : STATEMENT OF COMPLIANCE (DAVIS BACON ACT) PROJECT FORM : CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS CLOSEOUT FORM : CERTIFICATE OF SUBSTANTIAL COMPLETION CLOSEOUT FORM : FINAL CERTIFICATE OF PAYMENT CLOSEOUT FORM : FORM OF FINAL RECEIPT CLOSEOUT FORM : FINAL LIST OF NON-CERTIFIED SUBCONTRACTORS AND SUPPLIERS SECTION : DRAWINGS INDEX SECTION : GENERAL REQUIREMENTS/TECHNICAL SPECIFICATIONS Page 4 of 99

5 SECTION : SCOPE OF WORK The Work set forth within these bid documents includes the furnishing of all labor, materials, equipment, services and incidentals for the construction of: The work of this Contract will include the demolition of the existing facilities and the construction of new facilities as identified in the Contract Documents. The phases are briefly summarized as: Phase 1: The relocation and/or removal of existing potable water mains and stormwater drainage pipes/structures and electric power feed under the proposed tank base; Phase 2: Construction of a new one million gallon (1.0 MG) water storage tank including all civil, mechanical, electrical, instrumentation, structural, architectural, landscaping and decorative fence work and all appurtenant work, complete, tested and ready for operation. The work is located at the Broward County Water Treatment Plant (WTP) 1A, located at 3701 N. State Road 7, Lauderdale Lakes, FL Page 5 of 99

6 SECTION : INSTRUCTIONS TO BIDDERS The following instructions are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. 1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly; 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work; 1.3. Take into account federal, state and local laws, regulations, ordinances, and the Broward County Procurement Code that may affect costs, progress, performance, furnishing of the Work, or award; 1.4. Study and carefully correlate Bidder's observations with the Contract Documents; and 1.5. Carefully review the Contract Documents and notify the COUNTY of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. The Contract Documents are open to public inspection at the offices of the Purchasing Division of Broward County, Government Center, Room 212, 115 South Andrews Avenue, Fort Lauderdale, Florida A copy of the Contract Documents may be obtained for No Charge ($0.00) at Water and Wastewater Services, Water and Wastewater Engineering Division 2555 W. Copans Road Pompano Beach FL 33069, or they may be downloaded from the Current Solicitations section of the Purchasing Division s website at 2. Pre-Bid Interpretations: Only questions answered by written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to COUNTY in writing. Bidder shall submit all questions by to: Bob Leonard, Expansion Project Administrator, WWED, at bleonard@broward.org and Marie Williams, Purchasing Agent III, Purchasing Division, at mariwilliams@broward.org. Interpretations or clarifications considered necessary by the COUNTY in response to such questions will be issued by COUNTY by means of addenda. Written questions should be Page 6 of 99

7 received no less than fourteen (14) calendar days prior to the date of the bid opening. There shall be no obligation on the part of COUNTY to respond to questions received less than fourteen (14) calendar days prior to bid opening. 3. Addenda and Modifications: Bidders are responsible for checking the COUNTY s website ( for additional information and addenda. COUNTY shall make reasonable efforts to issue addenda within seven (7) calendar days prior to bid opening date, or less as stated in addenda. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Contract Documents. Bidders shall be responsible for obtaining, reviewing and executing each addendum. Bidders shall be responsible for notifying COUNTY of any issues in each addendum within seven (7) business days of issuance and prior to submittal of bid response. 4. Submission of Sealed Bids: All bids must be received at the Purchasing Division of Broward County, Governmental Center, Room 212, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301, before the time and date specified for bid opening. The Bid Tender Form must be executed and submitted with all bid sheets in a sealed envelope. It is the bidder s sole and strict responsibility for obtaining and submitting a response on or before the due date and time. Broward County is not responsible for bidder s delays and untimely submittal caused by using the United States Postal Service or any other type of delivery method (i.e. courier, shipping, or transportation services). Submittals or responses delivered or received at any other location than the location specified herein and/or received late shall be deemed non-responsive. The original Bid Tender Form must be signed, preferably in blue ink, and should include one photocopy. If there are any discrepancies, information contained in the original hard copy will prevail. The face of the envelope should contain the address, the date and time of bid opening, and bid number. Bids not submitted on bid sheets may be rejected. All bids are subject to the conditions specified herein. Those bids which do not comply with these conditions are subject to rejection. Bid No. Y C1, will be received by the Board of County Commissioners, Purchasing Division of Broward County, Governmental Center, Room 212, 115 South Andrews Avenue, Fort Lauderdale, Florida until 2:00 p.m. on Wednesday, May 14, 2014, at which time bids will be publicly opened and read thereafter. 5. Pre-bid Conference and Site Visit: There will be a Pre-bid Conference and Site Visit on Wednesday, April 23, 2014, at 10:00 am Water and Wastewater Services-Training Room 2555 W. Copans Road Pompano Beach FL Attendance at the Pre-bid Conference is highly encouraged and recommended as a source of information but is not mandatory. Attendance at the Pre-bid Job Site Visit is highly encouraged and recommended as a source of information but is not mandatory. 6. Printed Form of Bid: All bids must be made upon the blank Bid Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 7. Commonly Asked Questions (CAQs) general questions submitted by bidders requesting clarifications or non-material information may be answered by Commonly Asked Questions. A separate document link will be posted on the Purchasing Division s website in conjunction Page 7 of 99

8 with the bid solicitation. A CAQ is for informational purposes only and does not have to be acknowledged with the bid submittal. If CAQ is issued, Bidders should check Commonly Asked Questions frequently for any updates (document will be regularly updated as needed). 8. Cone of Silence Ordinance: In accordance with Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances, as amended, provides that after the advertisement of the solicitation, potential Vendors and their representatives are substantially restricted from communicating regarding the solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrator, Assistants to the County Administrator, their respective support staff, or any or any staff person that is to evaluate or recommend selection in this solicitation process. The Cone of Silence Ordinance further provides that after the bid opening for this solicitation, potential Vendors and their representatives are substantially restricted from communicating regarding this solicitation with the County Commissioners and their staff For Invitations for Bids, the Cone of Silence shall be in effect for staff involved in the award decision process at the time of the solicitation advertisement. The Cone of Silence shall be in effect for the Board of County Commissioners upon bid opening for the solicitation The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation Any violations of this ordinance by any member(s) of the responding firm or joint venture may be reported to the County s Office of Professional Standards. If there is a determination of violation, a fine shall be imposed against the Vendor as provided in the County Code of Ordinances. Additionally, a determination of violation shall render any award to a Vendor who is found to have violated the Ordinance voidable, at the sole discretion of the Board of County Commissioners. 9. Postponement of Date for Opening of Bids: COUNTY reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least seven (7) calendar days written notice of any such postponement to each prospective Bidder. 10. Acceptance or Rejection of Bids: COUNTY reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one hundred and twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the bid opening date. A Bidder may withdraw its bid after the expiration of one hundred and twenty (120) calendar days from the bid opening date by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the Board of County Commissioners or Director of Purchasing. 11. Waiver of Technicalities or Irregularities: The Board of County Commissioners reserves the right to waive technicalities or irregularities in bids at its discretion or to reject any or all bids. 12. Determination of Award: Except where COUNTY exercises the right reserved herein to reject any or all bids and subject to the restrictions stated hereinabove, the Contract shall be awarded by COUNTY to the responsible Bidder who has submitted either the lowest responsive bid, or the lowest responsive bid on the base bid including such alternates/optional items as COUNTY Page 8 of 99

9 determines to be in its own best interests. In the determination of the lowest bid, the COUNTY reserves the right to provide for a local preference in accordance with Section 1-74, et. seq., Code of Ordinances, as applicable. These Contract Documents may include additional terms and conditions required by federal or state grantor agencies. In the event of any discrepancy between the grantor agency's regulations and COUNTY's regulations, the more stringent regulations concerning the determination for award shall apply. 13. Tie Bids: If two or more bidders are tied, the tie will be broken and the successful vendor selected by criteria in accordance with the Broward County Procurement Code, Section c. 14. Evaluation: An interim performance evaluation of the successful CONTRACTOR may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the COUNTY Director of Purchasing who shall provide a copy to the successful CONTRACTOR. Said evaluation(s) may be used by the COUNTY as a factor in considering the responsibility of the successful CONTRACTOR for future bids with the COUNTY. 15. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 16. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to COUNTY. Refer to Section : Instructions to Bidders Supplement for additional requirements of Bidder s qualifications (if applicable). In determining a Bidder's responsibility and ability to perform the Contract, COUNTY has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. 17. Prevailing Wage Rates: as applicable, one of the following wage rates shall apply: Prevailing Wage Rates: pursuant to Prevailing Wage Ordinance, Section 26-5, Broward County Code of Ordinances provides that, in all non-federally funded construction procurement activity of Two Hundred Fifty Thousand Dollars ($250,000.00) or more, the rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than those payments for similar skills in classifications of work in like industries as determined by the Secretary of Labor and as published in the Federal Register (refer to Instructions to Bidders Supplement, Section ) Davis-Bacon Wage Rates: (federally funded contracts) are specified and must be complied with. Applicable fringe benefits must be added to the prevailing hourly rate (refer to Instructions to Bidders Supplement, Section ) Page 9 of 99

10 18. Occupational Health and Safety: Unless otherwise stipulated in the solicitation, all manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupational Safety and Health Act (OSHA) and any standards thereunder. All sources of energy associated with machinery/equipment purchased shall be capable of being locked-out in accordance with OSHA 29 CFR , Hazardous Energy Control. In compliance with OSHA 29 CFR , Hazard Communication Standard, and Chapter 442, Florida Statutes, Occupational Safety and Health, any chemical substance delivered from a contract resulting from this solicitation must be compliant with the Global Harmonized System (GHS) for Hazard Communication accompanied by a Safety Data Sheet (SDS) consisting of 16 sections. A Safety Data Sheet (SDS) shall also be submitted to the Broward County Risk Management Division, 115 South Andrews Avenue, Room 218, Fort Lauderdale, FL Asbestos Containing Material in County Buildings: In accordance with OSHA Regulation 29 CFR (k) (2), bidders are notified of the presence of asbestos containing material and/or presumed asbestos containing material at some Broward County locations. 20. Environmental Regulations: Pursuant to the Broward County Procurement Code, COUNTY reserves the right to consider a Bidder's history of citations and violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of COUNTY. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify COUNTY immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 21. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, COUNTY, through Consultant (if applicable), will have made its best efforts to name additional references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of the Consultant, equal in substance, quality, and function. The decision of the equivalent shall be determined in a reasonable manner and at the sole discretion of the Consultant. 22. Protested Solicitation and Award: Any protest over solicitation or award of this contract must be in accordance with the Broward County Procurement Code provisions relating to Pre- Litigation Resolution of Controversies. In accordance with Sections and of the Broward County Procurement Code, if a vendor intends to protest a solicitation or proposed award of a contract the following apply: Any protest concerning the bid or other solicitation specifications, or requirements must be made and received by the COUNTY within seven (7) business days from the posting of the solicitation or addendum on the Purchasing Division s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest bid specifications or requirements is a waiver of the ability to protest the specifications or requirements Page 10 of 99

11 22.2. Any protest concerning a solicitation or proposed award above the authority of the Director of Purchasing, after the bid opening, shall be submitted in writing and received by the COUNTY within five (5) business days from the posting of the recommendation for award on the Purchasing Division s website Any actual or prospective bidder or offeror who has a substantial interest in and is aggrieved in connection with proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award on the Purchasing Division s website For purposes of this section a business day is defined as Monday through Friday between 8:30am and 5:00pm. Failure to timely file a protest within the time prescribed for a solicitation or proposed contract award shall be a waiver of the vendor s right to protest. (e) As a condition of initiating any bid protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee. The filing fee shall be based upon the estimated contract amount. For purposes of the protest, the estimated contract amount shall be the contract bid amount submitted by the protestor. If no contract bid amount was submitted, the estimated contract amount shall be the COUNTY s estimated contract price for the project. The COUNTY may accept cash, money order, certified check, or cashier s check, payable to Broward County Board of Commissioners. The filing fees are as follows: Estimated Contract Amount Filing Fee $30,000 - $250,000 $500 $250,001 - $500,000 $1,000 $500,001 - $5 million $3,000 Over $5 million $5,000 The estimated contract amount shall be based upon the contract bid amount submitted by the protestor. If no contract bid amount was submitted, the estimated contract amount shall be the COUNTY s estimated contract price for the project. The COUNTY may accept cash, money order, certified check, or cashier s check, payable to Broward County Board of County Commissioners. 23. False Claims: In accordance with the COUNTY s False Claims Ordinance, Sections , Broward County Code of Ordinances, the successful bidder must maintain, as a condition precedent to submitting a claim against the COUNTY, a final bid takeoff. The final bid takeoff shall contain a line item for allocation of overhead costs and must be prepared contemporaneously with the bid, in anticipation of the bid submitted for this project. "Claim" means any invoice, statement, request, demand, lawsuit, or action under contract or otherwise, for money, property, or services made to any employee, officer, or agent of the county, or to any contractor, grantee, or other recipient if any portion of the money, property, or services requested or demanded was issued from, or was provided by, the COUNTY. "Bid Takeoff" means the final estimate, tabulation, or worksheet prepared by the contractor in anticipation of the bid submitted, and which shall reflect the final bid price. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS SHALL BE WAIVED IF NOT Page 11 of 99

12 SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND THE BROWARD COUNTY FALSE CLAIMS ORDINANCE. 24. Battery Disposal: The Vendor must deliver, furnish, recycle and dispose of all battery products in accordance with all applicable local, state and federal laws. 25. Dun & Bradstreet Report Requirement: The COUNTY may review the bidder s rating and payment performance to assist in determining a bidder s responsibility when being evaluated for a contract award. 26. Public Bid Disclosure Act: Pursuant to the Public Bid Disclosure Act, the COUNTY is required to provide notice of each license, permit and fee a Contractor will have to pay the COUNTY before or during construction or the percentage method or unit method of all licenses, permits and fees required by the COUNTY and payable to the COUNTY by virtue of this construction are identified in Section 2204: Public Bid Disclosure Act. Licenses, permits and fees which may be required by the State of Florida, state agencies or other local government entities are not included. 27. Certification, License and Registration Requirements: The certification, license and registration requirements for this project are identified in Section Office of Economic and Small Business Development (OESBD) Requirements: as provided for in Section , OESBD will review bidder s submission for compliance to the participation goal established for this Contract or demonstrates that the bidder made a good faith effort to meet the participation goal and submit the required information with its bid. 29. Bid Guaranty Requirement: All bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 7200, General Conditions, Section 5, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form ), treasurer's check or bank draft of any national or state bank (United States), in an amount equal to five percent (5%) of the total base bid amount, payable to the Broward County Board of County Commissioners and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond/Guaranty and Payment Bond/Guaranty and evidence of required insurance (or enrollment into OCIP) within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID GUARANTY. The guaranty of the successful Bidder shall be forfeited to the Board of County Commissioners as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond/Guaranty, Payment Bond/Guaranty and Certificate(s) of Insurance (or enrollment into OCIP), within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by COUNTY's Director of Purchasing for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. 30. Local Preference: In accordance with Section 1-74, et. seq., Code of Ordinances, Broward County provides a Local Preference to local and locally headquartered businesses in the County. The Local Preference is extended to Miami-Dade County local and locally headquartered businesses, based upon an Interlocal Agreement of Reciprocity between the Page 12 of 99

13 counties. This preference does not apply for any solicitation with funding source restrictions, included federal, state, or other grant funding. The Ordinance provides the following: If the low responsive and responsible bidder is not a local business or a locallyheadquartered business, any and all qualifying local businesses submitting a price within ten percent (10%) of the non-local low responsive and responsible bidder, and any and all qualifying locally-headquartered businesses submitting a price within fifteen percent (15%) of the non-local low responsive and responsible bidder, then all qualifying bidders shall have an opportunity to submit a best and final bid, equal to or lower than the low bid If the low responsive and responsible bidder is a local business, but not a locally-headquartered business, then any and all locally-headquartered businesses submitting a bid price within five percent (5%) of the local low bidder shall have an opportunity to submit a best and final bid equal to or lower than the low bid All qualifying bidders must be determined responsive and responsible prior to submitting a best and final bid. Award, if any, shall be made to the responsive and responsible bidder offering the lowest best and final bid regardless of location Form and a copy a business s local business tax receipt (or if exempt, documentation establishing physical presence at location for one year prior to bid submission) should be submitted in order to be considered for Local Preference. If not submitted with the bid, it must be submitted within three business days of notification from the County. Failure to timely submit may render the business ineligible for application of the Local Preference. The County may request verification of any information required to confirm certification. 31. Domestic Partnership Act Requirements: The Domestic Partnership Act, Section 16 ½ -157, Broward County Code of Ordinances, as amended, requires all Vendors contracting with the County, in an amount over $100,000 provide benefits to Domestic Partners of its employees, on the same basis as it provides benefits to employees spouses, with certain exceptions as provided by the Ordinance. The completed and signed Domestic Partnership Certification Form should be returned with the Vendor s submittal. If not provided with submittal, the Vendor must submit within three business days of County s request. Vendor may be deemed nonresponsive for failure to fully comply within stated timeframes. 32. State of Florida Division of Corporations Requirements: It is the vendor s responsibility to comply with all state and local business requirements. All vendors located within Broward County and/or providing a service within the County must have a current Broward County Local Business Tax Receipt. All corporations and partnerships must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact Broward County Records, Taxes and Treasury Division and the Florida Department of State, Division of Corporations. The COUNTY will review the vendor s business status based on the information provided in response to this solicitation. If the vendor is an out-of-state or foreign corporation or partnership, the vendor must obtain the authority to conduct business in the State of Florida. Corporations or partnerships that are not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible. If successful in obtaining a contract award under this solicitation, the vendor must remain in good standing throughout the contractual period of performance Page 13 of 99

14 33. Local Business Tax Receipt Requirements: All vendors maintaining a business address within Broward County must have and provide a copy of a current Broward County Local Business Tax Receipt prior to contract award. The Contractor should provide a copy of its Local Business Tax Receipt within three business days after request by the Purchasing Agent but prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners, whichever is applicable. Failure to do so may result in your bid being deemed non-responsive. Local Business Tax Receipts will be required pursuant to Chapter , Florida Statutes. For further information on obtaining or renewing your firm s Local Business Tax Receipt, contact the Records, Taxes and Treasury Division at (954) Security Requirements: Not applicable to this solicitation. 35. Drug-Free Workplace Certification: Broward County Procurement Code Chapter a. requires awards of competitive sealed bids and sealed proposals requiring Board Award be made only to firms certifying the establishment of a drug free workplace. The Drug Free Workplace Certification (Form ) should be furnished within three business days after request by the Purchasing Agent but prior to recommendation of award to the Board of County Commissioners. Failure to provide this certification will render your firm unqualified and ineligible for award. 36. Non-Collusion: By submission of this bid, Bidder certifies that this bid is made independently and free from collusion. Bidder shall disclose, to the best of its knowledge, any Broward County officer or employee, or any spouse, son, daughter, stepson, stepdaughter, or parent of any such officer or employee, who is an officer or director of, or has a material interest in, the Bidder's business who is in a position to influence this procurement. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. The Bidder should complete and submit the Non-Collusion Certification Form ( ) with the bid submittal, but must submit within three business days of COUNTY s request. 37. Non-Certified Subcontractors and Suppliers: CONTRACTOR shall within three business days of the COUNTY s request, or prior to award of the Contract, whichever occurs first, notify COUNTY and CONSULTANT in writing of the non-certified subcontractors proposed for the Work by submitting the "Vendors List (Non-Certified Subcontractors and Suppliers Information)" (Form ) properly filled out with each subcontractor's information. Each subcontractor must possess certificates of competency and licenses required by law and as set forth in the Contract. CONTRACTOR shall have a continuing obligation to notify COUNTY and CONSULTANT of any change in subcontractors. This includes all major material suppliers that provide materials in the amount of $50,000 or more. CONTRACTOR shall provide the COUNTY with the Final List of Non-Certified Subcontractors and Suppliers Form (Closeout Form ) as part of CONTRACTOR's Final Payment package. 38. Lobbyist Registration Certification: A vendor who has retained a lobbyist(s) to lobby in connection with a competitive solicitation shall certify that each lobbyist retained has timely filed the registration or amended registration required under Section 1-262, Broward County Code of Ordinances. If, after awarding a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon investigation determines that the error was willful or intentional on the part of the vendor, the County may, on the basis, exercise any contractual right to terminate the contract for convenience. The Bidder should complete and submit the Lobbyist Registration Certification Form ( ) with the bid submittal, but must submit within three business days of COUNTY s request Page 14 of 99

15 39. Scrutinized Companies List: Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a bid, proposal or response to a Broward County solicitation for goods or services in an amount equal to or greater than $1 million. Therefore, if applicable, each company submitting a bid, proposal or response to a solicitation must certify to the COUNTY that it is not on either list at the time of submitting a bid, proposal or response. The Bidder should complete and submit the Scrutinized Companies Certification Form ( ) with the bid submittal, but must submit within three business days of COUNTY s request. 40. Trench Safety Act: If the Bid Tender Form is marked, the Bidder should complete and submit the Trench Safety Act (Form ), with the bid submittal, but must submit within three business days of COUNTY s request. 41. Insurance Requirements: The insurance requirements for this project are identified in the Instructions to Bidders Supplement, Section or OCIP Certification: Bidder should submit an Owner Controlled Insurance Program Certification (Form ) with bid submittal, but must submit within five (5) business days of County s request. Vendor assumes full responsibility to read, understand, and comply with all of the COUNTY s insurance requirements and OCIP requirements as explained in the contract documents, the OCIP Insurance Manual, and the OCIP Safety and Loss Prevention Manual OCIP Enrollment: Within five business days of the COUNTY s request, the recommended vendor for award shall complete the OCIP enrollment forms (OCIP Insurance Manual, AON Form-3) and submit them to the OCIP Administrator. The contract award shall be contingent upon AON s review and the COUNTY s Risk Management Division s approval of the forms. 42. E-Verify Program Certification: Not applicable for this solicitation. 43. Self-Certification - Owner Ethnicity/Gender (Optional): Vendor is requested to fill out and submit Form The information requested is voluntary and not a requirement to respond to a Broward County solicitation. However, in the event that your company becomes the recommend vendor for award, this information will be required prior to award. Recommended vendor for award must submit within three business days of County s request Page 15 of 99

16 SECTION : INSTRUCTIONS TO BIDDERS SUPPLEMENT THIS PAGE IS INTENTIONALLY LEFT BLANK Page 16 of 99

17 SECTION : OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT REQUIREMENTS 1. In accordance with Ordinance No , Broward County Business Opportunity Act of 2012, the County Business Enterprise (CBE) Program is applicable to this contract. All bidders responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least the assigned participation goal for this contract. The assigned CBE participation goal for this contract is 7 % Compliance with CBE participation goal requirements is a matter of responsibility; required information should be submitted with bid submittal. If not provided with bid submittal, the bidder must supply information within three business days of the Office of Economic and Small Business Development s (OESBD) request. Bidder may be deemed non-responsible for failure to fully comply within stated timeframes CBE Program Requirements for Submitting Bids: a bidder should include in its bid a Letter of Intent (Form ) for each certified CBE firm the bidder intends to use to achieve the assigned CBE participation goal CBE Program Requirements for Submitting Good Faith Effort: If a bidder is unable to attain the CBE participation goal, the bidder should include in its bid submittal, Application for Evaluation of Good Faith Effort (Form ) and all of the required supporting information The bidder shall only address the base bid for CBE goal participation. No alternate/optional bid item(s) shall be addressed. If the County chooses to exercise the right to award alternate/optional bid item(s), the CBE participation goal for this bid shall apply to the alternate/optional bid item(s) recommended to be awarded. The County shall issue a notice to the apparent successful bidder requiring the bidder to comply with the CBE participation goal for the alternate/optional bid item(s); bidder shall submit all required forms prior to award. Failure to submit the required forms may result in rejection of the bid The Office of Economic and Small Business Development maintains an on-line directory of CBE firms. The on-line directory is available for use by bidders at For detailed information regarding the County Business Enterprise Program contact the Office of Economic and Small Business Development at (954) or visit the website at: Page 17 of 99

18 SECTION : CERTIFICATION, LICENSING AND REGISTRATION REQUIREMENTS In order to be considered a responsible and responsive bidder for the scope of work set forth in these bid documents, the bidder shall possess one of the following licenses (including any specified State registration, if applicable) at the time of bid submittal. Proof of licensing should be furnished within three business days after request by the Purchasing Agent but prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners, whichever is applicable. Any certificate of competency that meets or exceeds those specified or can legally perform the scope of work specified will be considered responsible and responsive to the bid. STATE: CERTIFIED GENERAL CONTRACTOR; OR CERTIFIED UNDERGROUND CONTRACTOR; OR CERTIFIED PLUMBING CONTRACTOR; OR COUNTY: CERTIFIED BUILDING CONTRACTOR CLASS A (Must be registered with the State); OR CENTRAL MASTER PLUMBER (Must be registered with the State); OR GENERAL ENGINEERED CONSTRUCTION BUILDER; OR PRIMARY PIPELINES (WATER, SEWER, DRAINAGE) CLASS A Any work performed not within the scope of the above contract must be performed by a licensed subcontractor. Special Exception From the Above Requirements For a Non-Florida Domiciled Contractor Bids for construction, improvement, remodeling, or repair of COUNTY buildings only (if applicable): If Bidder is a Non-Florida Domiciled Contractor, Bidder may, in lieu of complying with requirements set forth above, submit evidence to COUNTY of having applied for a limited Non-Renewable Registration from the Department of Professional Regulation as provided for in Section (3) F.S. A copy of the application form stamped date received by the Construction Industry Licensing Board will constitute sufficient evidence under this paragraph. BIDDER must provide COUNTY with proof of having obtained the Non- Renewable Registration prior to award of the Project Page 18 of 99

19 SECTION : INSURANCE REQUIREMENTS (NON-OCIP) Not applicable for this project Page 19 of 99

20 SECTION : INSURANCE REQUIREMENTS (OCIP) 1. Insurance Requirements: 1.1 COUNTY Provided Insurance. COUNTY will provide an Owner Controlled Insurance Program ( OCIP ) for the Project. The OCIP will be administered by Aon Risk Services of Florida, Inc. The OCIP is more fully described in the insurance manual (the Insurance Manual ) for the Project, which is hereby incorporated into this Contract by this reference and is available at Parties performing labor or services at the Project site are eligible to enroll in the OCIP, unless they are Excluded Parties (as defined below). The OCIP will provide to Enrolled Parties (as defined below) Workers Compensation and Employer s Liability insurance, Commercial General Liability insurance, Excess Liability insurance, Builder s Risk insurance, and Pollution Liability insurance as summarily described below, in connection with the performance of the Work ( OCIP Coverages ) Enrolled Parties and Their Insurance Obligations. OCIP Coverages shall cover Enrolled Parties. Enrolled Parties are: the COUNTY, the OCIP Administrator, CONTRACTOR and eligible Subcontractors of all tiers that enroll in the OCIP, and such other persons or entities as COUNTY may designate, in its sole discretion (each party insured under the OCIP is an Enrolled Party. ) Enrolled Parties shall obtain and maintain, and shall require each of its or their Subcontractors to obtain and maintain, the insurance coverage specified in Section 1.2, below, and in the Insurance Manual Excluded Parties and Their Insurance Obligations. The OCIP Coverages do not cover the following Excluded Parties : (a) (b) (c) Hazardous materials remediation, removal and/or transport companies and their consultants; Architects, surveyors, engineers, and soil testing engineers, and their consultants; Vendors, suppliers, fabricators, material dealers, truckers, haulers, drivers and others who merely transport, pick up, deliver, or carry materials, personnel, parts or equipment, or any other items or persons to or from the Project site; (d) CONTRACTOR and each of its or their respective Subcontractors of all tiers that do not perform any actual labor on the Project site; and (e) Any parties or entities excluded by COUNTY in its sole discretion, even if they are otherwise eligible Page 20 of 99

21 Excluded Parties and parties no longer enrolled in or covered by the OCIP shall obtain and maintain, and shall require each of its or their Subcontractors of all tiers to obtain and maintain, the insurance coverage specified in Section 7.2, below, and in the Insurance Manual for all on-site and off-site operations OCIP Insurance Policies Establish the OCIP Coverages. The OCIP Coverages and exclusions summarized in this Section or in the Insurance Manual are set forth in full in their respective insurance policies. The summary descriptions of the OCIP Coverages in this Section or the Insurance Manual are not intended to be exhaustive, or to alter or amend any provision of the actual OCIP Coverages. In the event that any provision of this Section or the Insurance Manual conflicts with the OCIP insurance policies, the provisions of the actual OCIP insurance policies shall govern Summary of OCIP Coverages. OCIP Coverages shall apply only to those operations of each Enrolled Party performed at the Project site in connection with the Work, and only to Enrolled Parties that are eligible for the OCIP. OCIP coverages shall not apply to ineligible parties, even if they are erroneously enrolled in the OCIP. An Enrolled Party s operations away from the Project site, including product manufacturing, assembling, or otherwise, shall only be covered if such off-site operations are identified and are dedicated solely to the Project. OCIP Coverages shall not cover off-site operations until receipt by Contractor or its Subcontractor of any tier of written acknowledgment of such coverage from the OCIP Administrator. The OCIP shall provide only the following insurance to eligible and Enrolled Parties: Workers Compensation insurance at the Statutory Limit in compliance with the Workers Compensation Law of the State of Florida, and in compliance with all federal laws, including U.S. Longshore & Harbor Workers Act, and Jones Act coverage, where appropriate This insurance is primary for all occurrences at the Project site Employer s Liability Insurance with the following limits: Bodily Injury by Accident, each accident $1,000, Bodily Injury by Disease, each employee $1,000, Bodily Injury by Disease, policy limit $1,000, This insurance is primary for all occurrences at the Project site Page 21 of 99

22 Commercial General Liability Insurance provided on ISO Occurrence Form, or its equivalent, with the following limits: Each Occurrence Limit $2,000, General Aggregate Limit for all Enrolled Parties $4,000,000 Products & Completed Operations Aggregate for all Enrolled Parties $4,000, Ten (10) Years Products & Completed Operations Extension This insurance is primary for all occurrences at the Project site Excess Liability Insurance (over Employer s Liability & General Liability), with the following limits: Combined Single Limit $200,000, General Annual Aggregate for all Enrolled Parties $200,000, Products & Completed Operations Aggregate for all Enrolled Parties $200,000, Ten (10) Years Products & Completed Operations Extension COUNTY shall obtain and maintain Builder s Risk insurance for the Project, if applicable, providing coverage for all risks of direct physical loss or damage including flood, earthquake, and named windstorm, as more fully described in the original policy wording. CONTRACTOR, and all subcontractors of every tier performing a portion of the Work on the Project shall be additional insured under the Builder s Risk insurance, as their respective interests appear. The Builder s Risk insurance will provide for property in the course of construction, including offsite storage, transit, buildings, structures, fixtures, materials, foundations, machinery and equipment, cold testing, and damage to existing property business interruption at the Ft. Lauderdale Hollywood International Airport and Port Everglades, all as more fully described in the original policy wording. The Builder s Risk insurance will provide minimum limits of liability of $50,000,000 for physical damage and loss per project, subject to additional sub-limits as set forth in the original policy wording. CONTRACTOR shall be responsible for all deductibles under the Builder s Risk insurance up to $25,000 per occurrence Page 22 of 99

23 Contractor s Pollution Liability ( CPL ) insurance, providing coverage for claims for bodily injury, property damage, cleanup costs, and related legal defense expense for pollution conditions that result from, or are disrupted by, the services rendered in performance of the contract by or on behalf of CONTRACTOR or any Subcontractor. Coverage will include, clean-up costs, extensions for transportation and disposal, will include full severability of interests, and will not be restricted by any time element limitations, mold, asbestos, or lead based paint exclusions. Coverage will apply to pollution conditions on, at, under, or migrating from the Project site. The CPL insurance shall have the following limits: Each Loss $200,000, Aggregate $200,000, CONTRACTOR shall be responsible for all deductibles under the Contractor s Pollution Liability ( CPL ) insurance, up to $50, COUNTY S Obligations. COUNTY shall pay the costs of premiums for the OCIP Coverages. COUNTY will receive or pay, as the case may be, all adjustments to such costs, whether by way of dividends, retroactive adjustments, return premiums, other moneys due, audits or otherwise. CONTRACTOR hereby assigns to COUNTY the right to receive all such adjustments, and shall require each of its Subcontractors of every tier to assign to COUNTY the right to receive all such adjustments. COUNTY assumes no obligation to provide insurance other than that specified in this Section, and in the OCIP insurance policies. COUNTY S furnishing of OCIP Coverages shall in no way relieve or limit, or be construed to relieve or limit, CONTRACTOR or any of its Subcontractors of any responsibility, liability, or obligation imposed by the Contract Documents, the OCIP insurance policies, or by law, including, without limitation, any indemnification obligations which CONTRACTOR or any of its Subcontractors have to COUNTY thereunder. COUNTY reserves the right at its option, without obligation to do so, to furnish other insurance coverage of various types and limits provided that such coverage is not less than that specified in the Contract Documents CONTRACTOR S OCIP Obligations. CONTRACTOR shall: Incorporate the terms of Section 1.1 of this Contract, concerning the OCIP, into all subcontract agreements Enroll in the OCIP within five (5) days of execution of the Contract and maintain enrollment in the OCIP for the duration of the Contract, and assure that each of CONTRACTOR S eligible Subcontractors of every tier enroll in the OCIP, and maintain enrollment in the OCIP Page 23 of 99

24 for the duration of their respective subcontract within five (5) days of subcontracting and prior to the commencement of Work at the Project site Comply with all of the administrative, safety, insurance, and other requirements outlined in this Section, the Insurance Manual, the OCIP Safety and Loss Prevention Manual which is available at: manual.pdf, the OCIP insurance policies, or elsewhere in the Contract Documents Provide to each of its Subcontractors of every tier a copy of the Insurance Manual, and ensure Subcontractor compliance with the provisions of the OCIP insurance policies, the Insurance Manual, this Section, and the Contract Documents. The failure of (a) COUNTY to include the Insurance Manual in the bid documents or (b) CONTRACTOR to provide to each of its eligible Subcontractors of every tier a copy of the same shall not relieve CONTRACTOR or any of its Subcontractors from any of the obligations contained therein Acknowledge, and require all of its Subcontractors of every tier to acknowledge, in writing, that COUNTY and the OCIP Administrator are not agents, partners or guarantors of the insurance companies providing coverage under the OCIP (each such insurer, an OCIP Insurer ), that neither COUNTY nor the OCIP Administrator are responsible for any claims or disputes between or among CONTRACTOR, its Subcontractors of any tier, and any OCIP Insurer(s), and that neither COUNTY nor OCIP Administrator guarantees the solvency or the availability of limits of any OCIP Insurer(s). Any type of insurance coverage or limits of liability in addition to the OCIP Coverages that CONTRACTOR or its Subcontractors of any tier require for its or their own protection, or that is required by applicable laws or regulations, shall be CONTRACTOR S or its Subcontractors sole responsibility and expense, and shall not be billed to COUNTY Exclude the Cost of OCIP Coverages from CONTRACTOR S bid or proposal, and ensure that each Subcontractor of every tier excludes the Cost of OCIP Coverages from their respective bids or proposals. The Costs of OCIP Coverages is defined as the amount of CONTRACTOR S and its Subcontractors reduction in insurance costs due to eligibility for OCIP Coverages which includes reduction in insurance premiums, related taxes and assessments, markup on the insurance Page 24 of 99

25 premiums and losses retained through the use of a selffunded program, self-insured retention, or deductible program. The Cost of OCIP Coverages must include expected losses within any retained risk. CONTRACTOR must deduct the Cost of OCIP Coverages for all Subcontractors in addition to their own Cost of OCIP Coverages. Change orders must also be priced to exclude the Cost of OCIP Coverages Cooperate fully with the OCIP Administrator and the OCIP Insurers, as applicable, in the administration of the OCIP Provide, within five (5) days of COUNTY S or the OCIP Administrator s request, all documents or information requested of CONTRACTOR or its Subcontractors relating to eligibility for, enrollment in, or administration of the OCIP. Such information may include, but may not be limited to, payroll records, certified copies of insurance coverages, declaration pages of coverages, certificates of insurance, underwriting data, prior loss history information, safety records or history, OSHA citations, construction cost estimates for this Project, including auditable records of the calculation of the bid or Contract Price or any subcontract amount, pricing for each cost included in the bid or Contract Price or any subcontract amount, or such other data or information as COUNTY, the OCIP Administrator, or OCIP Insurers may request in the administration of the OCIP, to verify that the Costs of OCIP Coverages were not included in the Contract Price or any subcontract amount, or as required by the Insurance Manual. All such records shall be maintained through the term of the Contract and for a period of one (1) year thereafter Comply, and require all of its Subcontractors to comply with OCIP Administrator s instructions for electronically enrolling in the OCIP using Aon Wrap and for electronically reporting payroll using AonWrap. If a Contractor or Subcontractor cannot provide payroll information electronically, they may provide it to the OCIP Administrator Pay to COUNTY a sum of up to $5,000 for each occurrence under the OCIP s Commercial General Liability Policy, including court costs, attorney s fees and costs of defense for bodily injury or property damage to the extent losses are attributable to CONTRACTOR S Work, acts, or omissions, the Work, acts, or omissions of any of CONTRACTOR S Subcontractors, or the Work, acts or omissions of any other entity or party for whom Page 25 of 99

26 CONTRACTOR or its Subcontractor may be responsible ( General Liability Obligation ) CONTRACTOR shall require each of its Subcontractors of all tiers to obtain and maintain, the insurance coverages specified in this Section in a form and from insurance companies reasonably acceptable to COUNTY. The insurance limits may be provided through a combination of primary and excess policies, including the umbrella form of policy. Each policy required under this Section, except the Workers Compensation policy, shall name COUNTY, CONSULTANT, the OCIP Administrator, their respective officers, agents and employees, and any additional entities as COUNTY may request as additional insureds. The additional insured endorsement shall state that the coverage provided to the additional insureds is primary and non-contributory with respect to any other insurance available to the additional insureds. CONTRACTOR shall provide certificates of insurance coverage to COUNTY or the OCIP Administrator as required by the Insurance Manual. Enrolled Parties are to provide evidence of Worker s Compensation, Employer s Liability, General Liability, and Excess Liability insurance, as set out below, for off-site activities, and evidence of Automobile Liability insurance for all activities, both on-site and off-site. Excluded Parties must provide evidence of all insurance set out below for both on-site and off-site activities Standard Commercial Automobile Liability Insurance covering all owned, non-owned, and hired automobiles, trucks, and trailers with a combined single limit of not less than $1,000,000 for bodily injury, $1,000,000 for property damage, with a $5,000,000 policy limit for vehicles traveling airside at the COUNTY s Airport (airside coverage is required only if applicable to the project) Workers Compensation insurance at the Statutory Limit in compliance with the Workers Compensation Law of the State of Florida, and in compliance with all federal laws, including U.S. Longshore & Harbor Workers Act, and Jones Act coverage, where appropriate, and Employer s Liability insurance with limits of not less than $1,000,000 each accident, $1,000,000 each employee, and with a $1,000,000 policy limit Commercial General Liability Insurance in a form providing coverage not less than the standard ISO Commercial General Liability insurance policy ( Occurrence Form ). The limits shall be: Enrolled Parties/Excluded Parties Each Occurrence $1,000,000/$2,000,000 General Aggregate $2,000,000/$4,000,000 Products/Completed Operations Aggregate $2,000,000/$4,000,000 Personal/Advertising Injury Aggregate $1,000,000/$2,000,000 Ten (10) Years Products/Completed Operations Extension Page 26 of 99

27 If required by COUNTY, Aviation and/or Watercraft Liability Insurance, in form and with limits of liability and from an insurer reasonably satisfactory to the COUNTY Contractor s Pollution Liability insurance for Excluded Parties, with the following limits: Combined Single Limit per Occurrence $2,000,000 General Annual Aggregate $2,000, If transporting hazardous waste/materials from the Project site, an appropriate MCS-90 Endorsement must be attached and supplied to COUNTY on a primary basis with $5,000,000 limits of liability For all policies provided under this Section, if the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration For all policies provided under this Section, the policy (ies) must be endorsed to provide COUNTY with at least thirty (30) days notice of cancellation and/or restriction CONTRACTOR shall furnish to the COUNTY, or the OCIP Administrator, Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days of notification of award of the Contract, in the form attached hereto as Form The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in a standard Accord form 25-S. The failure to provide the Certificate of Insurance within fifteen (15) days shall be the basis for the rescission of the awarding contract. The official title of the certificate holder is Broward County Board of County Commissioners. This official title shall be used in all insurance documentation Right to revise or reject. Broward County's Risk Management Division reserves the right, but not the obligation, to review and revise any insurance requirements at the time of contract renewal and/or any amendments, not limited to deductibles, limits, coverages and endorsements based on insurance market conditions affecting the availability or affordability of coverage; or changes in the scope of work/specifications affecting the applicability of coverage COUNTY and CONSULTANT are to be expressly included as an Additional Insureds in the name of Broward County and CONSULTANT with respect to general liability and excess liability coverages arising out of operations Page 27 of 99

28 performed for COUNTY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. If CONTRACTOR uses a subcontractor, then CONTRACTOR shall ensure that subcontractor names COUNTY and CONSULTANT as additional insureds CONTRACTOR S failure to procure or maintain the insurance required by this section and to ensure that all of its Subcontractors of every tier maintain the required insurance during the entire term of their respective contracts shall constitute a material breach of this Contract pursuant to which COUNTY may immediately suspend or terminate this Contract, or, at its discretion, procure or renew such insurance to protect COUNTY S interests, pay any and all premiums in connection therewith, and withhold or recover all monies so paid from CONTRACTOR Additional Insurance Provisions Representations and Warranties. CONTRACTOR represents and warrants to COUNTY, and shall require its Subcontractors of every tier represent and warrant to COUNTY that: All information they submit to COUNTY, or to the OCIP Administrator, shall be accurate and complete They have had the opportunity to read and analyze copies of the OCIP insurance policies that are on file in COUNTY S office, and they understand the OCIP Coverages. Any reference or summary in the Contract, this Section, the Insurance Manual, or elsewhere in any other Contract Document as to amount, nature, type or extent of OCIP Coverages and/or potential applicability to any potential claim or loss is for reference only. CONTRACTOR and its Subcontractors of all tiers have not relied upon said reference, but solely upon their own independent review and analysis of the OCIP Coverages in formulating any understanding and/or belief as to amount, nature, type or extent of any OCIP Coverages and/or its potential applicability to any potential claim or loss The Costs of OCIP Coverages were not included in CONTRACTOR S bid or proposal for the Work, the Contract Price, and will not be included in any change order or any request for payment for the Work or extra work CONTRACTOR acknowledges that COUNTY shall not pay or compensate CONTRACTOR or any Subcontractor of any tier, in any manner, for the Costs of OCIP Coverages Page 28 of 99

29 Audits. CONTRACTOR agrees that OWNER, the OCIP Administrator, and/or any OCIP Insurer may audit CONTRACTOR S or any of its Subcontractors payroll records, books and records, insurance coverages, insurance cost information, bid estimates, or pricing for any cost in the Contract Price or any subcontracted Work, or any information that CONTRACTOR provides to COUNTY, the OCIP Administrator, or the OCIP Insurers to confirm their accuracy, and to ensure that the Costs of OCIP Coverages are not included in any payment for the Work COUNTY S Election to Modify or Discontinue the OCIP. COUNTY may, for any reason, modify the OCIP Coverages, discontinue the OCIP, or request that CONTRACTOR or any of its Subcontractors of any tier withdraw from the OCIP upon thirty (30) days written notice. Upon such notice CONTRACTOR and/or one or more of its Subcontractors, as specified by COUNTY in such notice, shall obtain and thereafter maintain during the performance of the Work, all (or a portion thereof as specified by COUNTY) of the OCIP Coverages. The form, content, limits of liability, cost, and the insurer issuing such replacement insurance shall be subject to COUNTY S approval. The cost of the replacement coverage shall be at COUNTY S expense, but only to the extent of the applicable Costs of OCIP Coverages Withholding Payments. COUNTY may withhold from any payment owed or owing to CONTRACTOR or its Subcontractors of any tier the Costs of OCIP Coverages if they are included in a request for payment. In the event a COUNTY audit of CONTRACTOR S records and information reveals a discrepancy in the insurance, payroll, safety, or any other information required by the Contract Documents to be provided by CONTRACTOR to COUNTY, or to the OCIP Administrator, or reveals the inclusion of the Cost of OCIP Coverages in any payment for the Work, COUNTY shall have the right to full deduction from the Contract Price of all such Costs of OCIP Coverages and all audit costs. Audit costs shall include, but shall not be limited to, the fees of the OCIP Administrator, and the fees of attorneys and accountants conducting the audit and review. If the CONTRACTOR or its Subcontractors fail to timely comply with any provisions of this Contract concerning the OCIP, COUNTY may withhold any payments due to CONTRACTOR and/or its Subcontractors of any tier until such time as they have complied. Such withholding by COUNTY shall not be deemed to be a default under the Contract Documents Waiver of Subrogation. Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against COUNTY, the OCIP Administrator, their officers, agents, or employees, and any other contractor or Subcontractor performing Work or rendering services on behalf of COUNTY in connection with the planning, development and Page 29 of 99

30 construction of the Project. COUNTY also requires that all CONTRACTOR maintained insurance coverage related to the Work include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against CONTRACTOR, COUNTY, the OCIP Administrator, and their officers, agents, or employees. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors. A waiver of subrogation shall be effective as to any individual or entity even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged Duty of Care. Nothing contained in this Section, or the Insurance Manual shall relieve the CONTRACTOR or any of its Subcontractors of any tier of their respective obligations to exercise due care in the performance of their duties in connection with the Work, and to complete the Work in strict compliance with the Contract Documents Conflicts. In the event of a conflict, the provisions of the OCIP insurance policies shall govern, then the provisions of the Contract and its other related Contact Documents, then the provisions of the Insurance Manual Page 30 of 99

31 SECTION : PUBLIC BID DISCLOSURE ACT Pursuant to the Public Bid Disclosure Act, the COUNTY is required to provide notice of each license, permit and fees a Contractor will have to pay the COUNTY before or during construction or the percentage method or unit method of all licenses, permits and fees required by the COUNTY and payable to the COUNTY by virtue of this construction. The COUNTY identifies the following as applicable: Broward County Water and Wastewater Services will pay for all permits and fees required by Broward County agencies. Licenses, permits and fees which may be required by the State of Florida, state agencies or other local government entities are not included. SECTION : WAGE REQUIREMENTS Pursuant to Prevailing Wage Ordinance, Section 26-5, Broward County Code of Ordinances, requiring payment of prevailing wage rates and fringe benefits is applicable to this Project and must be complied with if this bid is Two Hundred Fifty Thousand Dollars ($250,000.00) or more. Refer to Section for wage rate tables Page 31 of 99

32 SECTION : WAGE RATE TABLES General Decision Number: FL /21/2014 FL150 Superseded General Decision Number: FL State: Florida Construction Type: Heavy County: Broward County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Modification Number Publication Date 0 01/03/ /07/ /21/2014 ELEC /01/2013 Rates Fringes ELECTRICIAN...$ ENGI /01/2013 Rates Fringes OPERATOR: Crane All Tower Cranes Mobile, Rail, Climbers, Static- Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydraulic, Electric or Otherwise; Cranes 150 Tons & Over; Cranes with 3 Drums (When 3rd drum is rigged for work); Gantry & Overhead Cranes; Hydraulic Cranes Over 25 Tons but not more than 50 Tons; Hydraulic/Friction Cranes; & All Types of Flying Cranes; Boom Truck...$ Cranes with Boom Length Less than 150 Feet (With or without jib); Hydraulic Cranes 25 Tons & Under, & Over 50 Tons (With Oiler); Boom Truck...$ OPERATOR: Drill...$ OPERATOR: Oiler...$ Page 32 of 99

33 IRON /01/2013 Rates Fringes IRONWORKER, STRUCTURAL...$ LABO /15/2013 Rates Fringes LABORER: Grade Checker...$ * PAIN /01/2013 Rates Fringes PAINTER: Brush, Roller and Spray...$ SUFL /24/2009 Rates Fringes CARPENTER, Includes Form Work...$ CEMENT MASON/CONCRETE FINISHER...$ LABORER: Common or General...$ LABORER: Landscape...$ LABORER: Pipelayer...$ LABORER: Power Tool Operator (Hand Held Drills/Saws, Jackhammer and Power Saws Only)...$ OPERATOR: Asphalt Paver...$ OPERATOR: Backhoe Loader Combo...$ OPERATOR: Backhoe/Excavator...$ OPERATOR: Bulldozer...$ OPERATOR: Grader/Blade...$ OPERATOR: Loader...$ OPERATOR: Mechanic...$ OPERATOR: Roller...$ OPERATOR: Scraper...$ Page 33 of 99

34 OPERATOR: Trackhoe...$ OPERATOR: Tractor...$ TRUCK DRIVER, Includes Dump Truck...$ TRUCK DRIVER: Lowboy Truck...$ TRUCK DRIVER: Off the Road Truck...$ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM /01/2011. The first four letters, PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates Page 34 of 99

35 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA /13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Page 35 of 99

36 Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION Page 36 of 99

37 SECTION : AVAILABLE PROJECT INFORMATION (if applicable) Preliminary Schedules Not Applicable Project Budget Information Project Estimated at $1.3 million Existing Condition Information Not Applicable Survey Information See Drawings Environmental Assessment Information Not Applicable Existing Material Information Not Applicable Existing Hazardous Material Information Not Applicable Geophysical Information Not Applicable Geotechnical Data See Technical Specifications Page 37 of 99

38 Permit Applications See Technical Specifications Permits See Technical Specifications Page 38 of 99

39 FORM : BID TENDER Print Name of Bidder: Date Submitted: The Board of County Commissioners Broward County Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with Broward County, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security permitted by COUNTY Procurement Code, each for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance/enrollment into OCIP. The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by COUNTY. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total Page 39 of 99

40 The Bidder certifies that no principals or corporate officers of the firm were principals or corporate officers in another firm at the time such other firm has the bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last three (3) years? If yes, provide details: Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the bid solicitation: Attached is [check section that applies] a Bid Bond( ), Cash( ), Money Order( ), Unconditional Letter of Credit( ), Treasurer's Check( ), Bank Draft( ), Cashier's Check( ), or Certified Check ( ), No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: City/State/Zip: Telephone/Fax No.: Address: Federal I.D. No.: (if applicable) Dun and Bradstreet No.: If a partnership, names and addresses of partners: Page 40 of 99

41 (Sign below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) (Sign below if incorporated) ATTEST: (Type or Print Name of Corporation) Secretary (Signature and Title) (CORPORATE SEAL) (Type or Print Name Signed Above) Incorporated under the laws of the State of Page 41 of 99

42 FORM : SCHEDULE OF PRICES BID Supply all Labor, Materials, Equipment, and Supplies necessary in accordance with Specifications and Drawings. FOR INFORMATION ONLY YOU MUST COMPLETE ELECTRONIC BID PRICING SHEETS PER THE BELOW INSTRUCTIONS Item Commodity Code Description Quantity Unit of Measure Unit Price Total Price 1 Mobilization and Demobilization 1 Lump Sum $ - 2 Bonds and Insurance 1 Lump Sum $ - 3 Permit Fees for agencies other than Broward County Agencies 1 Allowance $ 50, Laboratory Testing 1 Allowance $ 3, All Work Required for Installation of Water Tank and Appurtenances 1 Lump Sum $ - 6 Electrical and Instrumentation 1 Lump Sum $ - 7 Furnish and Install 24" Restrained Joint Ductile Iron Water Main 200 LF $ - 8 Furnish and Install 36" Restrained Joint Ductile Iron Water Main 130 LF $ - 9 Furnish and Install 10" PVC Raw Water Main 100 LF $ - 10 Furnish and Install 15" RCP Storm Drain 235 LF $ - 11 Furnish and Install Ductile Iron Fittings 10 Ton $ - 12 Furnish and Install 24" Butterfly Valve and Box 1 Each $ - 13 Furnish and Install 24" Flanged Butterfly Valve 1 Each $ - 14 Furnish and Install 36" Butterfly Valve and Box 1 Each $ - 15 Furnish and Install 30"x 24" Tap & Sleeve Valve 1 Each $ - 16 Furnish and Install 10" x 8" Tap & Sleeve Valve 1 Each $ - 17 Furnish and Install 2" Air Release Valve and Enclosure Box 2 Each $ - 18 Remove and Dispose of 10" ACP Raw Water Main 100 LF $ - 19 Remove and Dispose of 15" RCP and 10", 12"and 24" Iron Water Main 450 LF $ - 20 Removal and Disposal of Underground Utilities 100 LF $ - 21 Over-excavation of Unsuitable Material and Backfill 150 LF $ - 22 Furnish and Install New and Modify Existing Maintenance Access Structures 1 Lump Sum $ - 23 Furnish and Install Decorative Fence with 24 Foot Gate 450 LF $ - Print Name of Bidder: Page 42 of 99

43 Trench Safety Act applies to this bid solicitation. The Bidder should complete and submit the Trench Safety Act Certification (Form ) with the bid but must complete and submit within five (5) calendar days of request by COUNTY and prior to award to be considered responsive. The Performance and Payment Guaranty (Bonds), Insurance and Mobilization/Demobilization (Pay Items 1 & 2) are not to exceed 3% of the total amount. The 3% ceiling for Pay Items 1 & 2 is not a reflection of responsiveness; it is only the instruction on the maximum amount the COUNTY will pay for these items. Any amount in excess of 3% for Pay Items 1 & 2 will be moved into Pay Item 5; however, the total bid amount will not change. Overage placed in Pay Item 5 will be paid in accordance with the Measurement and Payment Section located in the Technical Specifications, Division 1 General Requirements. Insurance Certificate must be project specific. Documentation of actual cost for bonding and insurance for this project from your carrier must be supplied with first request for payment for reimbursement by COUNTY. Instructions for completing the Electronic Bid Pricing Sheet(s): 1. Download the Electronic Bid Pricing Sheet(s), in Microsoft Excel format, from the Purchasing Division website at Respond to this bid by inputting the company s information and unit pricing into the formatted Excel spreadsheet. Only the highlighted cells will be available for entering information. 2. Once the Electronic Bid Pricing Sheet(s) are completed, bidder should save the Excel file to a CD or DVD in a read-only format. Do not password protect the file and do not save it as a.pdf. Label the front of the disk with the bidder s name and bid number. 3. Print the completed Electronic Bid Pricing Sheet(s); sign and date where indicated. 4. Bidder must submit, in one envelope, the printed, signed Electronic Bid Pricing Sheet(s) with the bidder s complete, original bid submission as per the General Conditions and Special Instructions to Bidders and should include the CD/DVD (with the saved Excel file). 5. If bidder is unable to electronically fill out and submit Electronic Bid Pricing Sheet(s) with its bid submittal, bidder must submit a hardcopy of the Electronic Bid Pricing Sheet(s) with handwritten unit prices and extensions. 6. If the hardcopy of the Electronic Bid Pricing Sheet(s) does not match the Electronic Bid Pricing Sheet(s) submitted on the CD/DVD, the hardcopy prices shall prevail for any discrepancies in pricing. If hand-written bid Sheet(s) and electronic bid Sheet(s) are submitted, handwritten unit prices will prevail for any discrepancies in pricing Page 43 of 99

44 7. It is the Bidder s responsibility to monitor the Purchasing Division s website for any issued addenda. Addenda may include revised Electronic Bid Pricing Sheet(s) that will need to be downloaded, properly filled out, and submitted by the Bidder. 8. The CD/DVD submitted with the bid will become County property; as such, it is submitted at no cost to the County. If the Bidder believes there is an error in the Electronic Bid Pricing Sheet(s), Bidder must immediately notify the Purchasing Agent prior to the bid opening. Print Name of Bidder: Page 44 of 99

45 FORM : DOMESTIC PARTNERSHIP CERTIFICATION FORM The completed and signed Domestic Partnership Certification Form should be returned with the Vendor s submittal. If not provided with submittal, the Vendor must submit within three business days of County s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes. The Domestic Partnership Act, Section 16 ½ -157, Broward County Code of Ordinances, as amended, requires all Vendors contracting with the County, in an amount over $100,000 provide benefits to Domestic Partners of its employees, on the same basis as it provides benefits to employees spouses, with certain exceptions as provided by the Ordinance. The Vendor, by virtue of the signature below, certifies that it is aware of the requirements of Broward County s Domestic Partnership Act, Section 16-½ -157, Broward County Code of Ordinances, as amended; and certifies the following: (check only one below). 1. The Vendor currently complies with the requirements of the County s Domestic Partnership Act and provides benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees spouses. 2. The Vendor will comply with the requirements of the County s Domestic Partnership Act at time of contract award and provide benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees spouses. 3. The Vendor will not comply with the requirements of the County s Domestic Partnership Act at time of award. 4. The Vendor does not need to comply with the requirements of the County s Domestic Partnership Act at time of award because the following exception(s) applies: (check only one below). The Vendor employs less than five (5) employees. The Vendor is a governmental entity, not-for-profit corporation, or charitable organization. The Vendor is a religious organization, association, society, or non-profit charitable or educational institution. The Vendor does not provide benefits to employees spouses. The Vendor provides an employee the cash equivalent of benefits. (Attach an affidavit in compliance with the Act stating the efforts taken to provide such benefits and the amount of the cash equivalent). The Vendor cannot comply with the provisions of the Domestic Partnership Act because it would violate the laws, rules or regulations of federal or state law or would violate or be inconsistent with the terms or conditions of a grant or contract with the United States or State of Florida. Indicate the law, statute or regulation (State the law, statute or regulation and attach explanation of its applicability) Page 45 of 99

46 FORM : DOMESTIC PARTNERSHIP CERTIFICATION FORM (continued) I,, of (Print Name) (Title) (Vendor) hereby attests that I have the authority to sign this notarized certification and certify that the above-referenced information is true, complete and correct. Signature of Affiant STATE OF: COUNTY OF: Sworn to (or affirmed) and subscribed before me this day of, 20. Personally Known: ; or Produced Identification: Type of Identification Produced: (NOTARY SEAL) Signature of Notary Public (Name of Notary Typed, Printed, or Stamped) Page 46 of 99

47 FORM : UNCONDITIONAL LETTER OF CREDIT Date of Issue Issuing Bank's No. Beneficiary: Broward County through its Board of County Commissioners County Administrator Governmental Center 115 South Andrews Avenue Fort Lauderdale, FL Applicant: Amount: in United States Funds Expiry: (Date): Bid/Contract Number: We hereby authorize you to draw on (Bank, Issuer name) at by order of and for the account (Branch address) of (Contractor, Applicant, Customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: A signed statement from the County Administrator of Broward County, or the Administrator's authorized representative, that the drawing is due to default in performance of obligations on the part of (Contractor, Applicant, Customer) agreed upon by and between Broward County and (Contractor, Applicant, Customer) pursuant to the Bid/Contract No. for. (Name of Project) Drafts must be drawn and negotiated not later than. (Expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. of dated. (Bank name) Page 47 of 99

48 FORM : UNCONDITIONAL LETTER OF CREDIT (continued) This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the (Contractor, Applicant, Customer) shall be a release of all obligations. This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (2007 revision), Publication No. 600 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature Page 48 of 99

49 FORM : LETTER OF INTENT Page 49 of 99

50 FORM : APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT Page 50 of 99

51 FORM : BIDDER QUALIFICATIONS QUESTIONNAIRE Bid No. Y C1 The completed Vendor Questionnaire should be submitted with the solicitation response but must be submitted within three business days of County s request. Failure to provide the completed questionnaire timely may result in the Vendor being deemed non-responsive. If a response requires additional information, the Vendor should attach a written detailed response; each response should be numbered to match the question number. The completed questionnaire and attached responses will become part of the procurement record. It is imperative that the person completing the Vendor Questionnaire be knowledgeable about the proposing Vendor s business and operations. 1. LEGAL BUSINESS NAME: 2. FEDERAL EMPLOYER I.D. NO. (FEIN): 3. DUN AND BRADSTREET NO.: 4. DOING BUSINESS AS/ FICTITIOUS NAME (if applicable): 5. WEBSITE ADDRESS (if applicable): 6. PRINCIPAL PLACE OF BUSINESS ADDRESS: 7. TELEPHONE NO.: FAX NO.: 8. TYPE OF BUSINESS (check appropriate box): Corporation (Specify the State of Incorporation): Sole Proprietor Limited Liability Corporation (LLC) Limited Partnership General Partnership (State and County filed in) Other Specify 9. LIST NAME AND TITLE OF EACH PRINCIPAL, OWNER, OFFICER, AND MAJOR SHAREHOLDER: a) b) c) d) 10. AUTHORIZED CONTACT FOR YOUR FIRM: Name: Title: Telephone Number: Fax Number: Specify the type of services or commodities your firm offers: Page 51 of 99

52 12. How many years has your firm been in business while providing the services and/or products offered within this solicitation? 13. Provide at least three (3) individuals, corporations, agencies, or institutions for which your firm has completed work of a similar nature or in which your firm sold similar commodities in the past three (3) years. Contact persons shall have personal knowledge of the referenced project/contract. Only one (1) Broward County Board of County Commissioners agency reference may be submitted. If any of the following references are inaccessible or not relevant, additional references may be requested by the County. Reference No. 1: Scope of Work: Contract/Project Title: Agency: Contact Name/Title: Contact Telephone: Contract/Project Dates (Month and Year): Contract Amount: Reference No. 2: Scope of Work: Contract/Project Title: Agency: Contact Name/Title: Contact Telephone: Contract/Project Dates (Month and Year): Contract Amount: Reference No. 3: Scope of Work: Contract/Project Title: Agency: Contact Name/Title: Contact Telephone: Contract/Project Dates (Month and Year): Contract Amount: Name of Vendor: Page 52 of 99

53 14. Is your firm s business regularly engaged in and routinely selling the product(s) or services offered within this solicitation? Yes No 15. Does your firm affirm that it is currently authorized by the manufacturer as a dealer/seller of the product(s) offered herein, and warranty offered is the manufacturer s warranty with Broward County recorded as the original purchaser? The County reserves the right to verify prior to a recommendation of award. Yes No N/A (if service) 16. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached a written response. 17. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached a written response. 18. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three years? If yes, specify details in an attached a written response. 19. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify details in an attached a written response. 20. Has your firm s surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its predecessor s sureties during the last three years? If yes, specify details in an attached a written response, including contact information for owner and surety company. 21. If requested, will your firm extend the same price, terms and conditions to other governmental entities during the period covered by this contract? Yes Yes Yes Yes Yes Yes No No No No No No 22. Would your firm accept a Visa credit card as payment from Broward County? Yes No 23. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract. Living Wage had an effect on the pricing. If yes, Living Wage increased the pricing by % or decreased the pricing by %. Yes N/A No Questions are only applicable to construction or service (repair, maintain or furnish and install) solicitations: 24. What is the last contract of this nature that your firm has completed, or what similar on-going contracts is your firm working on? If additional space is required, provide on separate sheet. 25. Has your firm completely inspected the project site(s) prior to submitting response? Yes No 26. Will your firm need to rent or purchase any equipment for this contract? If yes, please specify details in an attached a written response. Yes No 27. What equipment does your firm own that is available for this contract? Vendor Name: Page 53 of 99

54 LITIGATION HISTORY REQUIREMENT: The COUNTY will consider a vendor's litigation history information in its review and determination of responsibility. All vendors are required to disclose to the COUNTY all "material" cases filed or resolved in the three (3) year period ending with the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization. If the vendor is a joint venture, the information provided should encompass the joint venture (if it is not newlyformed for purposes of responding to the solicitation) and each of the entities forming the joint venture. For purpose of this disclosure requirement, a case includes lawsuits, administrative hearings and arbitrations. A case is considered to be "material" if it relates, in whole or in part, to any of the following: A similar type of work that the vendor is seeking to perform for the COUNTY under the current solicitation; An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation; A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract; The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary); or A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants. Notwithstanding the descriptions listed in paragraphs above, a case is not considered to be "material" if the claims raised in the case involve only garnishment, auto negligence, personal injury, or a proof of claim filed by the vendor. For each material case, the vendor is required to provide all information identified in the form attached as Form : Litigation History. A Vendor is also required to disclose to the COUNTY any and all case(s) that exist between the COUNTY and any of the vendor's subcontractors/subconsultants proposed to work on this project. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the vendor being deemed non-responsive. Prior to making such determination, the vendor will have the ability to clarify the submittal and to explain why an undisclosed case is not material. PRINT NAME OF BIDDER: Page 54 of 99

55 FORM : LITIGATION HISTORY The completed and signed form(s) should be returned with the Vendor s submittal. If not provided with submittal, the Vendor must submit within three business days of County s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes. There are no material cases for this Vendor; or Material Case(s) are disclosed below: Is this for a: (check type) If Yes, Name of Parent/Subsidiary/Predecessor: or Parent, Subsidiary, Predecessor Firm? or No Party Vendor is Plaintiff Vendor is Defendant Case Number, Name, and Date Filed Name of Court or other tribunal Type of Case Bankruptcy Civil Criminal Administrative/Regulatory Claim or Cause of Action and Brief description of each Count Brief description of the Subject Matter and Project Involved Disposition of Case Pending Settled Dismissed Judgment Vendor s Favor Judgment Against Vendor (Attach copy of any applicable Judgment, Settlement Agreement and Satisfaction of Judgment.) If Judgment Against, is Judgment Satisfied? Yes No Opposing Counsel Name: Telephone Number: Page 55 of 99

56 Vendor Name: FORM : INSURANCE REQUIREMENTS/SAMPLE CERTIFICATE Page 56 of 99